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Tuesday, April 11, 2017

Revised P3 draft on Syria: UN Access to Assad's Air Bases

Recallingthe
Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or other Gases, and of Bacteriological Methods of Warfare,
and the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction
(CWC) ratified by the Syrian Arab Republic on 14 September 2013, and
the Council’s resolutions 1540 (2004), 2118 (2013), 2209 (2015),
2235 (2015), 2314 (2016), and 2319 (2016),

Expressingits
horror at the reported use of chemical weapons in the Khan Shaykhun
area of southern Idlib in the Syrian Arab Republic on 4 April 2017
causing large-scale loss of life and injuries, affirming that
the use of chemical weapons constitutes a serious violation of
international law, and stressingthat
those responsible for any use of chemical weapons must be held
accountable,

Notingthe
Organisation for the Prohibition of Chemical Weapons (OPCW) has
announced, in addition to its ongoing investigation, that its Fact
Finding Mission (FFM) is in the process of gathering and analysing
information on this incident from all available sources and will
report to the OPCW Executive Council,

Recallingthat
in resolution 2118 (2013) the Council decided that the Syrian Arab
Republic shall not use, develop, produce, otherwise acquire,
stockpile or retain chemical weapons or transfer, directly or
indirectly, chemical weapons, to other States or non-State actors and
underscored that no party in Syria should use, develop produce
acquire, stockpile, retain or transfer chemical weapons,

Recallingthe
report by the Director General of the OPCW (EC-82/DG18 dated 6 July
2016) that the OPCW Technical Secretariat is not able to resolve all
identified gaps, inconsistencies and discrepancies in Syria’s
declaration, and therefore cannot fully verify that Syria has
submitted a declaration that can be considered accurate and complete
in accordance with the CWC or OPCW Executive decision EC-M-33/DEC.1
dated 27 December 2013 or resolution 2118;

Recalling
its determinationthat
the use of chemical weapons in the Syria Arab Republic represents a
threat to international peace and security,

1.
Condemnsin
the strongest terms the reported use of chemical weapons in the
Syrian Arab Republic, in particular the attack on Khan Shaykhun
reported on 4 April 2017, expressesits
outrage that individuals continue to be killed and injured by
chemical weapons in the Syrian Arab Republic, and expresses its
determination that those responsible must be held accountable;

2.
Expressesits
full support to the OPCW Fact Finding Mission, demands that all
parties provide delay-free and safe access to any sites deemed
relevant by the OPCW FFM, and, as applicable, by the JIM, to the
reported incident in Khan Shaykhun, including the site of the
reported incident on April 4, in accordance with resolution 2118,
and requeststhat
the FFM report the results of its investigation as soon as possible;

3.
Requests that
the Secretary General make the necessary arrangements for the UN-OPCW
Joint Investigative Mechanism to liaise closely with the Fact Finding
Mission to expeditiously investigate any incident the FFM determines
involved or likely involved the use of chemicals as weapons in order
to identify those involved in accordance with the provisions of
paragraph 5 of its Resolution 2235;

4.
Recallsthat
in its resolutions 2118 and 2235 it decided that the Syrian Arab
Republic and all parties in Syria shall cooperate fully with the OPCW
and the United Nations including the Joint Investigation Mechanism;

5.
Emphasisesthat
this includes the obligation upon the Syrian Arab Republic of
complying with the relevant recommendations of the OPCW and the UN,
including the JIM, by accepting personnel designated by the OPCW or
the United Nations, by providing for and ensuring the security of
activities undertaken by these personnel, by providing these
personnel with immediate and unfettered access and the right to
inspect, in discharging their functions, any and all sites, and
by allowing immediate and unfettered access to individuals that the
OPCW has grounds to believe to be of importance of the purpose of its
mandate, and specifically that this includes the obligations upon the
Syrian Arab Republic to provide the JIM and FFM with the following
and take the following steps:

(a)
flight plans, flight logs, and any other information on air
operations, including all flight plans or flight logs filed on April
4 2017;

(b)
names of all individuals in command of any helicopter squadrons;

(c)arrange
meetings requested including with generals or other officers, within
no more than five days of the date on which such meeting is
requested;

(d)
immediately provide access to relevant air bases from which the JIM
or the FFM believe attacks involving chemicals as weapons may have
been launched

6.
Requeststhe
Secretary-General to report on whether the information and access
described in paragraph 5 has been provided in his reports to the
Security Council every 30 days pursuant to paragraph 12 of resolution
2118.

7.
Recallsits
decision in response to violations of resolution 2118 to impose
measures under Chapter VII of the United Nations charter.

4 comments:

RT says the veto is justified by the 7th point:'Recalls its decision in response to violations of resolution 2118 to impose measures under Chapter VII of the United Nations charter.'

Which indeed include on 42th statement military measures, after 41th and all other measures.

My questions are:

1/ Is it a point that appear systematically in every resolution, or is it an exception here?2/ If measures under Chap. VII were to be taken, would that require a new resolution by the Security Council?

I think that the US is assuming it doesn't and is claiming the strike was legal under international law because of that clause in the original resolution. They probably also claim it was legal under US law because it wasn't an "act of war" but a UN authorized use of force to maintain or restore the peace, which was already authorized when congress ratified the UN agreement. If the interpretation is that a Chap. VII action still requires a new resolution, how does that not render point 7 above completely meaningless and banal, since a new Chap VII resolution can be put forward at anytime without this measure?

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